Sister wants mothers house

[Sarahj]

18 months ago mum in law went into hospital with a stroke and sister in law was living with her paying no rent or upkeep on house. When mum in law was discharged and due to go home sister in law changed the locks on her and couldn't get back into her house. Now lives with us and is a massive financial burden as we planned to rent out our house to pay for her care and live in mum in laws .. Sister has recently gone to court claiming my husband had broken into mums house stole her paperwork? .. Accused him in a statement that he sexually abused her when she was six ..(that'll make him eight)..got a non molestation order...(she recently disappeared from the house and a friend of mums said she told her she wasn't living there)..He has right of attorney and mum wanted her photos. He got into the house and after 2 weeks changed the locks and begun works on the house.. she had no clothes or posseions and no domestic items kettle ect..the house is a massive mess and uninhabitable before works begun..she has said at court she lives there and we had to give her back the keys...what do we do?? She is clearly lying and her mum wants her out..so much more to this just to much on one message. .please help us

[charitynjw]

Re: Sister wants mothers house

Hi Saraj & welcome to LB.

I'll give [MENTION=87380]Diana M[/MENTION] & [MENTION=85500]Peridot[/MENTION] a nudge for you for when they're next on the forum.

[Peridot]

Re: Sister wants mothers house

Hi SarahJ,
What a horrible situation for you all. Have the Police been involved? What did she go to Court for, was it to obtain the non-molestation order? Did your mother in law or your husband report to the police that she'd changed the locks? Is the property owned by his mother or rented?
You said your husband has power of attorney, is this for her property and finance and health and welfare? As her attorney anything he does under the power, must be in his mother's best interests. Does his mother no longer have capacity to make decisions for herself or does she have capacity and just wants him to deal with her affairs? If she has capacity then she should be enabled to make her own decisions. Has she said what she wants to do?
Is the abuse allegation being taken further?
It appears from what you are saying that this is your mother's house not her daughters? How long has the daughter lived with her and where is she living now if she isn't at the property? If this is your mother's house and she wants to gain access and live there and/or get her belongings. Have you sought any advice from Police, CAB or solicitor?

[Sarahj]

Re: Sister wants mothers house

Hi, the police say it is a civil matter and won't get involved. She took him to court for non molestation order and occupation order. He now cannot go anywhere near mum's house or the road it is on. (100 metres) . This has posed a problem as mum's GP and his GP is on the same road .
We have no idea where she is living as she cut off husband and younger sister completely. She used molestation accusations in her statement and this would've been over 40 years ago no formal charges on this matter have been raised.
On a previous visit to the police to inform them that he was going to enter the property she had said on a statement he broke in before and broke the boiler , cooker and the outside tap and also stole her lightbulb! . The judge at the hearing did not allow my husband to speak and she said that he made her (sister) homeless.
My mother in law has full capacity but has very limited speech. You have to question her to get to an answer but she has clear yes and no. It's very upsetting for her. Sister has previously said the house will be hers when their dad was alive as husband and other sister own their own homes. Dad was very cross and said it wouldn't be hers and she needs to go out , get a job and pay for her own place! Said she moved in with mum to look after her but mum was fully active and bright.. visiting friend's going shopping cooking etc. clearly didn't need a carer.
Sister moved in after losing her son so seems mum was looking after her.

[Peridot]

Re: Sister wants mothers house

Hi,
Who owns the property? Was there a Will when your father in law died and did that deal with the property? If the property is rented and who is on the agreement? I would suggest that the landlord, LA or HA need contacting.
If your mother in law owns the property then she needs legal advice as soon as possible. How long has she not been in her own home and why has she not tried to deal with this sooner?
I really think she needs to get some legal advice. Maybe a first stop could be CAB? Or see if you can get a free half hour somewhere to discuss with a litigation specialist the options available to her. As your mother has capacity albeit she has to communicate her wishes in a different way maybe then it is up to her to take the steps to deal with this, once she is clear on the options available to her.